The Assistant Chief Executive - Legal and Regulatory Services submitted a report regarding an application by Mr Paul A Brain to licence a Ford Transit Tourneo vehicle, registration number M6 PEY as a Private Hire wheelchair accessible vehicle to seat eight persons. 

            The Sub-Committee inspected the vehicle and confirmed the mileage as being 98,618 miles.

            The Licensing and Registration Officer informed the Sub-Committee that the vehicle is pre-owned and was first registered at the DVLA on the 23^rd May 2007.  The applicant had provided a service history with the application, which had fallen outside the Policy Guidelines for the first licensing of vehicles and would normally be refused; however a relaxation of the Policy may be considered in exceptional circumstances.  She asked Mr Brain to explain why the application had been submitted late.

            Mr Brain explained that due to an administrative oversight by his department, his office submitted the application by e-mail at 5.30pm on a Friday, after the Council offices had closed for the day.  Mr Brain claimed that the licence was not due to expire until midnight on that day, and he therefore believed that this was a grey area as to whether the licence had expired before he submitted his application.  Mr Brain informed the Sub-Committee that he had not been aware that he would be required to attend this meeting until this morning, as he had not received his post, which was the second occasion this had happened.  He commented that in over 20 years of his dealings with the Licensing Section, it was only during the last three months that he had encountered a problem with receiving his mail from them.

            The Licensing and Registration Officer explained that all applicants are fully informed of the procedure at least two weeks before the expiry date and there was no provision to keep a licence in force, as it was considered the responsibility of the applicants to manage that process.  She added that if Mr Brain had notified the Licensing Section in advance, perhaps they could have made provision to wait for him on that Friday evening if they had the resources.  She therefore maintained that Mr Brain had knowingly submitted the application after the Council Offices were closed and that there would be no means of him being able to make a payment for his application until the following Monday.  She therefore contended that the application had been made after the expiry date. 

            With regard to Mr Brain having not received notification of the meeting by post, she advised that as a result of this information, the Licensing Section had conducted a test mail and it was found that his notification was sent out in the same mail run as the report sent to Members of the Sub-Committee.

            The Sub-Committee questioned Mr Brain as to why he had an axe in the vehicle, which they had found whilst inspecting it.  They questioned Mr Brain with regard to a clip which was missing from the rear door, and at the back of the driver’s seat they had found hard, broken and cracked plastic which presented a hazard for passengers.  The Sub-Committee also found that the tax disc had expired.

            Mr Brain informed the Sub-Committee that the broken plastic would be addressed and the missing clip would be replaced.  He apologised to the Sub-Committee  for the poor state of the vehicle and advised that as it was such short notice, he was unable to have the car fully valeted in time for the inspection.  He claimed that the axe had not been left there by any of his staff and explained that towards the end of May the vehicle had been in the garage for a routine service; however, due to a problem with the ordering of a new gear box, the vehicle had been off the road for a couple of weeks, and during that time the mechanics had not reported an axe in the vehicle.  With regard to the expiry of the road vehicle tax, he explained that  the vehicle had been SORN at the end of May, as indicated on the insurance certificate.

            The Committee retired to consider the application and upon their return it was

RESOLVED:         That the Sub-Committee having considered the reasons by the applicant for failing to apply for a licence on time, granted the application to licence the vehicle, finding exceptional circumstances in accordance with the Council’s Policy Guidelines.

            The Sub-Committee urged the applicant to give due consideration to the future condition of the vehicle, but noted the explanation given today for the condition of the vehicle at the time of inspection.